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before commencing work~ when taking any medications or drugs which may interfere <br />with the safe and effective performance of duties. <br /> <br />Supervisors may require that an employee submit to drug test when such supervisor has <br />reasonable suspicion that an employee is under the influence of drugs at a time when <br />the employee is to perform job duties and responsibilities. "Reasonable suspicion" <br />means a belief based on facts and circumstances sufficient to lead a reasonably prudent <br />supervisor to suspect that an employee is under the influence of ~rugs. <br /> <br />When it is determined through a drug screening test and a confirmatory test, or <br />otherwise, that an employee has violated this Section, the employee shall be subject to <br />discipline up to and including discharge. <br /> <br />Employees who hereafter apply for promotion shall, as a condition of appointment, <br />submit to a drug test. A confirmed positive result shall disqualify such applicant, who <br />may thereafter not apply for such promotion for one year. <br /> <br />The implementation of drug testing hereunder shall comply with employee due process <br />procedures as required by law and as specified by the Fire Department Substance Abuse <br />Program. <br /> <br /> SECTION 28 - SEPARABZLTrY OF PROVZSZONS <br /> <br />Should any section, clause or provision of this MOU be declared illegal by final judgment <br />of a court of competent jurisdiction, such invalidation of such section, clause or provision <br />shall not invalidate the remaining portions hereof, and such remaining portions shall <br />remain in full force and effect for the duration of this MOU. <br /> <br />Upon such invalidation, the parties agree to meet and confer concerning substitute <br />provisions rendered or declared illegal. <br /> <br /> 49 <br /> <br /> <br />